The employe taught reading about four years for the employer under a
temporary permit obtained by the employer. Throughout his employment with the
employer he did not have a teaching license, which license was unavailable to
him because he lacked various college courses. He made no attempt to fulfill the
requirements. The permit issued was subject to the condition that there was a
showing of continued unavailability or shortage of qualified teachers and that
the individual involved had obtained at least six semester hours of college
credits acceptable toward a higher degree.

The initial determination and appeal tribunal held that the employe was
ineligible for benefits because his license was not renewed due to his own
fault, under sec. 108.04 (1)(f), stats.

The employer had failed to appear at the hearing as a result of clerical
error but did not request a further hearing from the appeal tribunal or the
Commission.

The Commission, reversing the examiner, held that the mere failure to obtain
a teaching license does not serve as a basis for disqualification. The employer
failed to appear at the hearing and there was no evidence adduced as to why it
failed to obtain a hermit. The inference would be that the employe failed to
make progress to obtain the proper certification to enable the employer to
obtain the permit. Another inference was that the employer was unable to show a
continued shortage of qualified teachers.

As the presumption is that a claimant is eligible for benefits, the burden is
on the employer to establish an applicable disqualifying provision. Because of
the employer's failure to appear at the hearing, the Commission adopts the
inference in the employe's favor. The failure to renew the temporary permit was
therefore not necessarily due to the employe's own fault.

The employer sought to supplement the record with an exhibit which was not
part of the administrative record in support of a new hearing and/or reversal of
the Commission decision on the ground of error by the Commission.